Facebook not Obliged to Remove the Defamatory Posts of An Anonymous User
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Internet service provider not obliged to remove defamatory posts, but High Court grants Norwich Pharmacal order enabling applicant to pursue defamation action
The High Court has ruled in
Muwema v Facebook Ireland [2016] IEHC 519 that the
internet service provider was not obliged to remove the defamatory posts of an
anonymous third party. The Court opted instead to exercise its discretion and
made a Norwich Pharmacal order, forcing Facebook to reveal the identity of the
user in question. Norwich Pharmacal orders are generally granted against a
third party, forcing them to disclose information that assists the applicant in
identifying and bringing legal proceedings against the individual who is
believed to have wronged them.
Mr Muwema, a Ugandan lawyer (the
"applicant"), initiated proceedings when a number of "false scurrilous and
defamatory" comments were posted by a Facebook Ireland Limited
("Facebook") user operating under the pseudonym "TVO".
The case was brought in Ireland
against Facebook as it is the contracting entity for users outside the US and
Canada.
The applicant sought a number of
interlocutory orders, namely:
- An order prohibiting the publication
or further publication of the posts
- An order that Facebook or anyone on
notice of the order cease and desist in further publishing the articles in
question
- An order directing Facebook to
disclose the identity of TVO (a Norwich Pharmacal Order)
The reliefs sought at (1) above were
refused by Justice Binchy who emphasised that the making of such an order would
"serve no useful purpose" given that the information was now well
within the public domain.
Justice Binchy also found that the
prohibitory order sought at (2) above could only be available when the
defendant had no defence which is reasonably likely to succeed and, in this
instance, the defendant may well have been successful in availing of the
"innocent publication" defence.
The applicant was successful,
however, in obtaining a Norwich Pharmacal order compelling Facebook to disclose
the identity of "TVO", the activist responsible for the defamatory
publications.
The order, which is one of only a
handful made in this jurisdiction, will now enable the
applicant to pursue an action in defamation in Uganda against the user
in question.
Contributed by David
Cullen
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